Recognizing Age Discrimination in the Workplace

Growing older in the workplace should come with added respect, not reduced opportunity. Unfortunately, many workers over the age of 40 find that their years of service and experience are treated as liabilities rather than assets. Whether it’s being passed over for promotions, receiving subtle pressure to retire, or facing layoffs under the guise of restructuring, age discrimination is real—and it’s illegal. At Leeds Brown Law, we help employees across New York understand their rights and take action when those rights are violated.

What Is Age Discrimination?

Age discrimination occurs when an employee or job applicant is treated less favorably because of their age. In the United States, workers over 40 are protected under the Age Discrimination in Employment Act (ADEA), which makes it illegal to discriminate based on age in any aspect of employment—from hiring and firing to promotions, job assignments, and training.

Common Signs of Age Discrimination

Age discrimination isn’t always blatant. It often shows up in subtle patterns and behaviors that suggest an employer values younger workers more. Here are common signs to watch for:

• You’re repeatedly passed over for promotions in favor of younger, less experienced employees.
• You receive sudden negative performance reviews after years of strong feedback.
• Managers make comments about retirement, slowing down, or needing "fresh energy."
• Your responsibilities are reduced or shifted to younger coworkers without explanation.
• You’re excluded from training, meetings, or key projects that younger employees attend.
• You’re laid off in a restructuring that disproportionately affects older staff.

What the Law Says

Several laws protect workers from age discrimination, including:

• Age Discrimination in Employment Act (ADEA): Protects employees and job applicants age 40 and older from age-based discrimination.
• New York State Human Rights Law: Covers age discrimination and applies to smaller employers that might not be covered under federal law.
• New York City Human Rights Law: Offers even broader protections for workers in the five boroughs.

Examples of Age Discrimination in Action

Let’s look at some real-world examples where age discrimination may be occurring:

• A 58-year-old employee with 20 years of experience is laid off while a younger, less experienced employee is retained.
• A qualified 45-year-old applicant is rejected for a job, and the company hires a 28-year-old instead, citing “team fit.”
• An employee in her 60s is told she’s not tech-savvy enough for a new role, despite receiving top ratings on performance reviews.

These situations are often brushed off by employers, but that doesn’t mean they’re legal.

Documenting and Proving Age Discrimination

One of the most important things you can do if you suspect age discrimination is document what’s happening. Here’s how:

1. Keep a written log of discriminatory comments, exclusionary behavior, or unfair evaluations.
2. Save emails, performance reviews, or messages that show a shift in how you're being treated.
3. Compare your treatment to that of younger coworkers—note who is promoted, retained, or favored.
4. If possible, request written reasons for employment decisions that affect you.

Filing a Complaint or Lawsuit

If you believe you’ve been targeted due to your age, you have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC), the New York State Division of Human Rights, or the New York City Commission on Human Rights. These agencies can investigate and pursue claims on your behalf. In many cases, filing a lawsuit with a private attorney can result in a faster, more personalized resolution.

What Compensation Could Include

If age discrimination is proven, you may be entitled to:

• Back pay for lost wages and benefits
• Front pay for future lost income
• Reinstatement (in some cases)
• Emotional distress damages
• Legal fees and costs
• Punitive damages (in cases of willful misconduct)

How Leeds Brown Law Can Help

Our team of experienced employment attorneys specializes in representing workers who have been marginalized, demoted, or dismissed due to age. We don’t just file claims—we investigate patterns, build compelling cases, and fight to hold employers accountable. We know what age discrimination looks like, and we know how to win against it.